Lawsuits

By - 11/3/12 - 3:24 pm

A Red Lion, PA resident who says she's still suffering from the fungal meningitis she got from a painkiller shot a year ago, yesterday filed a federal lawsuit against the New England Compounding Center in Framingham and against the individual members of the Conigliaro family who owned and ran it.

In her suit, filed in US District Court in Boston, Michele Erkan recounts what she... Read more

By - 10/26/12 - 2:38 pm

The Supreme Judicial Court ruled today a state board was wrong to bar an embalmer from working in Massachusetts because he agreed to an interview with the Boston Phoenix.

In a ruling today, the state's highest court said the Board of Registration of Funeral Directors and Embalmers simply went too far in banishing Troy Schoeller for allegedly speaking in "an undignified and salacious manner about... Read more

By - 10/19/12 - 8:33 am

A roving UHub Web browser points us to an ambulance Annie chaser with a Web site featuring a grinning OJ Simpson lookalike holding a stack of Benajmins:

Are you a victim of the MA Drug Lab Scandal?
Our Lawyers can help you get the compensation that you deserve!

OJ, is that you?... Read more

By - 10/18/12 - 11:09 am

The Massachusetts Appeals Court today tossed a former Chinese dissident's trademark suit against a non-profit group that uses the Web to promote a video that is critical of her actions in Beijing in 1989.

In a 2-1 decision, the court said the Long Bow Group, of Brookline, was not trying to confuse people into thinking it was sponsored or in any way affiliated with... Read more

By - 10/16/12 - 9:48 am

Michael Rosen points us to this lawsuit (via this law firm) by a South Shore dental practice against a dentist who left and set up his own practice nearby.

As Rosen notes, they're suing under a clause in his original contract they say prohibits him from setting up shop within 15 miles of his original office for three years. So? Well, turns... Read more

By - 10/11/12 - 7:24 am

A New Hampshire man who says he was permanently injured when a folding chair in the Fenway bleachers collapsed, sending him plummeting to the concrete, yesterday filed suit against the Red Sox in federal court.

Richard McLaughlin is seeking unspecified damages - but more than $75,000 - for injuries he says he incurred during a game on May 4, 2010 (against the Angels), while... Read more

By - 10/5/12 - 8:39 am

Grub Street, a Boston-based creative writing non-profit, yesterday sued a California company with a similar name that promotes "indie authors," through paid endorsements.

In its trademark suit, filed in US District Court in Boston, Grub Street said Grub Street Reads chose that name to try to mooch off Grub Street's reputation and that the similar name is particularly unfair in Grub Street's home... Read more

By - 9/29/12 - 9:13 am

The Globe reports the city of Cambridge has sued the state in Middlesex Superior Court to block its approval of Uber, which lets you get a limo through its online service.

You may recall how a state measurement office barred Uber over meter issues after Cambridge Police ran a sting, only to reverse itself a few days later when it learned,... Read more

By - 9/25/12 - 8:23 am

The Crimson reports waiters at the Harvard Faculty Club and Loeb House filed suit last week, alleging mandatory "gratuity" surcharges added to bills there never go to them. The suit comes as the Harvard Club, a private institution across the river, agreed to a $4 million settlement over the same issue.

By - 9/25/12 - 8:03 am

A Newmarket Square company that makes frozen fillo pockets stuffed with vegetable and meat fillings says a supplier's paper boxes were so poorly made it lost a contract with Trader Joe's - and $1 million in profits.

In a suit filed yesterday in US District Court in Boston, Peppercorn Food Service charges Atlantic Packaging Corp. of Norwich, CT sold it crappy "ovenable" containers for... Read more

By - 9/19/12 - 11:21 am

The Supreme Judicial Court today dismissed a complaint by a teacher at a Newton Hebrew school that she was fired because of her age, saying the First Amendment prohibits government from interfering in how religious organizations teach their young.

Gaye Hilsenrath, who had been a part-time teacher at Temple Emanuel's Hebrew school for more than 24 years, filed an age-discrimination complaint with the Mass.... Read more

By - 9/14/12 - 8:12 pm

Jalopnik reports on some vindication this week for Clay Nissan: A Norfolk Superior Court judge this week ordered the assets of two brothers seized because the judge agreed they sure seemed to have libeled the car dealership over the way it fired their sister.

Far from firing Jill Colter because she had cancer, her manager at Clay Nissan agonized over dumping her because of... Read more

By - 9/13/12 - 8:49 am

A federal appeals court has upheld the right of Massachusetts police departments to deny people the right to bear certain arms if they lie on their permit applications.

The ruling means former Boston police officer Stacey Hightower can no longer carry a concealed .38 caliber five-round revolver - or carry high-capacity weaponry.

In 2008, after she had resigned as an officer, Police Commissioner Edward Davis... Read more

By - 9/7/12 - 5:53 pm

The Supreme Judicial Court ruled today that a Concord company's First Amendment rights weren't violated just because its landlord tried to evict it for non-payment of rent while it was negotiating with the town over getting rid of "85,000 yards of unscreened compost material."

A. John Marabello began eviction proceedings against Boston Bark when it stopped paying rent in 2009.

Before Marabello moved to... Read more

By - 9/6/12 - 11:23 am

The Supreme Judicial Court today denied a Roslindale man's request to expunge court records showing he was arrested and arraigned on what turned out to be a bogus claim he'd used a gun to threaten a worker - who made up the whole story to try to extort money from him.

The court said the man, identified only by a pseudonym in its ruling, could,... Read more

By - 9/5/12 - 7:46 pm

Autism Intervention Specialists of Worcester and principal Nassim Aoude today filed a federal libel suit against a New Hampshire man who says it peddles "horseshit" because it refuses to accept his theory that autism is caused by mercury in vaccines.

In its suit, filed in US District Court in Boston, Autism Intervention Specialists wants John Best's blog posts about it replaced with retractions and... Read more

By - 8/31/12 - 10:57 am

The Supreme Judicial Court ruled today that a former Superior Court judge is not entitled to a disability pension for the permanent psychiatric problems he says he suffered after receiving cartons of hate mail and death threats after Herald articles and a reporter's comments that were ultimately ruled libelous.

At issue was not whether Ernest Murphy had severe enough psychiatric problems to keep him from... Read more

By - 8/29/12 - 11:38 am

The Supreme Judicial Court ruled today a former executive at an Amazon subsidiary owes the state more than $320,000 - and interest - on Amazon stock he bought and then sold while living in the Back Bay.

Kenneth Dotson, originally a Florida resident, had argued he didn't owe the money on the $5.3 million he made selling the stock because he never intended to stay... Read more

By - 8/28/12 - 11:30 am

The Supreme Judicial Court ruled today that two adopted brothers have no right to a share of their great-grandmother's estate because the legislature had no right to extend a 1958 law to treat adopted children the same as biological ones to wills written even earlier.

The ruling benefits the two men's sister, who is biologically related to Anna Bird, who wrote her will in 1941.... Read more

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